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Archive for ‘Substantive Law: Legislation’

Petition to House of Commons to “Fix” Crown Copyright

University of Alberta Copyright Librarian Amanda Wakaruk is asking people to sign the petition she started to get the Canadian government to fix Crown copyright.

Her text has been shared widely in the past few days on social media and on various librarian discussion lists:

“Canada is one of many countries stating a commitment to Open Government. It is also, conversely, one of a decreasing number of countries to retain a legal provision that gives the government the sole right to reproduce and distribute works produced for public consumption. For example, the vast majority of federal US government works

. . . [more]
Posted in: Legal Information, Substantive Law: Legislation

Upcoming Alberta Employment and Labour Law Changes

After a recent review of Alberta’s employment law, the Alberta government tabled Bill 17, Fair and Family-friendly Workplaces Act on May 24, 2017 to make a number of significant amendments to the Employment Standards Code and Labour Relations Code. If enacted, the majority of changes will take effect January 1, 2018.

Both the Employment Standards Code and Labour Relations Code have not been significantly updated in almost 30 years and according to the Alberta government, the nature of work and family life have changed a lot since then. . . . [more]

Posted in: Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

Ontario Employment Standards Act Reforms Underway

This article was updated June 1, 2017

On May 30, 2017, the Ontario government decided to move forward with some of the 173 recommendations from the Changing Workplace Review final report which includes broad ranging amendments to Ontario’s Employment Standards Act.

At the same time, the government also announced that they will be increasing the minimum wage effective January 1, 2018, which was not included in the report. . . . [more]

Posted in: Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

Changing Workplaces Review Final Report: Sweeping Changes to Ontario Employment Law Coming

On May 23, 2017, the Government of Ontario released the Changing Workplaces Review final report by authors C. Michael Mitchell and John C. Murray. It contains 173 recommendations that recommend significant changes to Ontario employment law aiming to create better workplaces with decent working conditions and widespread compliance with the law. The authors consulted with workers, unions and businesses for two years on a wide range of work-related issues. This was the first independent review in Canada to consider specific legislative changes to both employment standards and labour relations in a single manner.

The following is a brief overview of . . . [more]

Posted in: Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

Table of Concordance for Ontario Child and Family Services Act and Bill 89

Prepared by Windsor Law Student Lois Boateng, this Table of Concordance sets out a side-by-side comparative view of Part III (Child Protection) of the Child and Family Services Act, RSO 1990, c C 11, and Part V (Child Protection) of Bill C-89, An Act to enact the Child, Youth and Family Services Act, 2016, to amend and repeal the Child and Family Services Act and to make related amendments to other Acts (41st Parl, 2nd Sess) Ontario (2017).

A very helpful tool for anyone who is interested in quickly seeing the proposed changes to this Act. . . . [more]

Posted in: Legal Information: Information Management, Substantive Law: Legislation

Texting at the Wheel: Should Police Be Able to Examine Your Phone?

New York State is considering legislation to require drivers involved in auto accidents to allow the police to inspect their mobile phones for signs of recent activity. Presumably signs of such activity would be grounds for charges for driving while distracted, and might lead to evidence to support civil liability as well.

It’s interesting that the technology for detecting such recent activity does not currently exist, but it is being developed as the legislation is working its way through the process.

The developers, the legislators and the police all say that the technology will not permit any review of the . . . [more]

Posted in: Substantive Law: Legislation, Technology, ulc_ecomm_list

Employee Suffering From Alcoholism Reinstated After Unjust Termination

Written wholly by Cristina Lavecchia, Editor at First Reference

The issue in this matter was whether or not the employee was terminated for just cause. It was the employer’s position that it properly terminated the employee for just cause. That is, the employee was absent without leave for a four-week period, the employer attempted to contact the employee to no avail, and the employee failed to contact the employer or provide any information of a medical nature to explain his absence. The Arbitrator in this matter, however, did not quite agree with the employer. In essence, the Arbitrator expressed that . . . [more]

Posted in: Case Comment, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

Corporate Directors Found Liable for Employees’ Unpaid Wages

The Saskatchewan Labour Relations Board (Board) notes that the following case is a “cautionary tale” for corporate directors. That is, the corporate directors in this case, unfortunately, “failed to scrutinize rigorously” the information provided to them by management and effectively left the day-to-day workings of the business’ operations solely to the owner, much to their detriment. . . . [more]

Posted in: Case Comment, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

CASL Class Actions Are Looming

The private right of action for sending spam in violation of CASL comes into force on July 1. Many companies are dreading it – some class action lawyers can’t wait. The right thing for the government to do would be to completely scrap CASL – the statute is that bad and ill-conceived. But wishful thinking won’t make it go away.

At the moment, CASL violators are subject to enforcement proceedings by the CRTC. But after July 1, those who have been spammed in violation of CASL can sue the sender. Here are some things to keep in mind about the . . . [more]

Posted in: Substantive Law: Legislation

Budget 2017 Bill to Implement Employment Insurance and Canada Labour Code Measures

On April 11, 2017, the federal government introduced Bill C-44, the Budget Implementation Act, 2017, No. 1, omnibus legislation that would enact various measures outlined in its 2017 Budget. This article deals with the Bill’s amendments to Employment Insurance benefits under the Employment Insurance Act and similar measures under the Canada Labour Code. . . . [more]

Posted in: Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

Canada’s Cannabis Act: A High Level Overview

The Cannabis Act, which will legalize the recreational use of cannabis across Canada, was unveiled by the federal government this past Thursday.

The Act is fairly dense, spanning 226 sections and 6 schedules. While there is a lot of content to digest in the Cannabis Act this is only the tip of the legislative-iceberg. Much of the new law will be encoded in the yet to be drafted federal regulations. Additionally, the provincial and municipal governments across the country have a large role to play as they have been explicitly given authority by the federal government to fill in . . . [more]

Posted in: Substantive Law, Substantive Law: Legislation